2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 4, 2019

        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law, in relation to the  determi-
          nation of youthful offender status

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 720.20 of the criminal procedure law is amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  (a) An individual who was an eligible youth who was not determined
     4  to be a youthful offender by the  sentencing  court  may  apply  to  the
     5  sentencing  court for a new determination after at least five years have
     6  passed since the imposition of the sentence for  which  such  individual
     7  was  not determined to be a youthful offender, or, if the individual was
     8  sentenced to a period of incarceration, including a period of incarcera-
     9  tion imposed in conjunction with a sentence of probation,  the  individ-
    10  ual's  latest  release from incarceration, provided that such individual
    11  has not been convicted of any new crime since  the  imposition  of  such
    12  sentence.
    13    (b)  In considering whether such individual should be determined to be
    14  a youthful offender pursuant to paragraph (a) of this  subdivision,  the
    15  court shall consider the following factors:
    16    (i)  whether  relieving  the  individual  from  the onus of a criminal
    17  record would facilitate rehabilitation and successful reentry and  rein-
    18  tegration into society;
    19    (ii) the manner in which the crime was committed;
    20    (iii)  the  role  of the individual in the crime which resulted in the
    21  conviction;
    22    (iv) the individual's age at the time of the crime;
    23    (v) the length of time since the crime was committed;
    24    (vi) any mitigating circumstances at the time the crime was committed;
    25    (vii) the individual's criminal record;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8160                             2

     1    (viii) the individual's attitude toward society and  respect  for  the
     2  law; and
     3    (ix)  evidence of rehabilitation and demonstration of living a produc-
     4  tive life including, but not limited to participation in educational and
     5  vocational programs, employment history,  alcohol  and  substance  abuse
     6  treatment, and family and community involvement.
     7    (c)  A  copy  of  an application filed under this subdivision shall be
     8  served upon the district attorney of the county in which the  individual
     9  was  convicted.    The  district  attorney shall notify the court within
    10  forty-five days if he or she objects to the application for sealing. The
    11  court may hold a hearing on the application on  its  own  motion  or  on
    12  motion  of  the  district attorney or the individual filing the applica-
    13  tion. If the district attorney does not file  a  timely  objection,  the
    14  court shall proceed forthwith.
    15    § 2. This act shall take effect immediately.